DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 53 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 53, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 48-68 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ghavami-Nasr et al. (8820589) in view of Potapenko et al. (3176889).
Regarding claims 48, 54, and 67, Ghavami-Nasr discloses a discharge assembly for discharging a metered volume of a liquid held in a pressurised or pressurisable container, said assembly comprising:
(i) a housing (2007) having a liquid inlet at a first end thereof,
(ii) a valve stem (2004) having a body locating within said housing and having a head portion projecting from the second end of said housing, said valve stem being axially moveable relative to the housing between a first limit position at which the assembly is closed to liquid discharge and a second limit position for discharge of the metered volume,
(iii) a chamber (2034a) provided within the body of the valve stem and having a liquid inlet towards a first end of the chamber and a first fluid transfer passageway (2026) towards the opposite, second end of the chamber, said first fluid transfer passageway providing communication between the chamber and the exterior of the valve stem, and
(iv) a liquid discharge element (2031) moveable along said chamber from a liquid primed position to a liquid discharged position to effect discharge of the metered volume of liquid, wherein the exterior of the valve stem and the interior of the housing are configured such that:
(a) in the first limit position of the valve stem there is a second fluid transfer passageway (2028) along the outside of the valve stem between the inlet of the housing and said first fluid transfer passageway.
Ghavami-Nasr DIFFERS in that it does not disclose in the second limit position of the valve stem a fin creates a temporary interference seal between the interior of the housing and the exterior of the valve stem so as to close said second fluid transfer passageway to fluid flow, wherein the temporary interference seal has a length of between 0.2mm and 3mm. Attention, however, is directed to the Potapenko reference, which discloses a fin (88, 92, or 96) creates a temporary interference seal between the interior of a housing (34) and the exterior of a valve stem (32) so as to close a second fluid transfer passageway to fluid flow.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Ghavami-Nasr reference in view of the teachings of the Potapenko reference by employing a fin as claimed because it is a well-known alternative mechanism for creating a fluid seal and would have achieved the same result. Regarding the length of the seal, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the temporary interference seal to have a length of between 0.2mm and 3mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 49, the fin is provided on the interior of the housing (Fig. 2 of Potapenko).
Regarding claim 50, the fin is integral with the interior of the housing (Fig. 2 of Potapenko).
Regarding claim 51, the assembly further comprising a seat configured to interface with the fin to provide the interference seal when the valve stem is in the second limit position (Fig. 2 of Potapenko).
Regarding claim 52, the seat comprises a chamfered surface (Fig. 2 of Potapenko).
Regarding claim 53, Ghavami-Nasr discloses the claimed invention except for the fin extends into the path of the seat by at least 0.1mm, preferably between 0.1mm and 0.2mm inclusive. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to into the path of the seat by at least 0.1mm, preferably between 0.1mm and 0.2mm inclusive, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 55, the housing comprises a top housing portion and a bottom housing portion (Fig. 2A of Ghavami-Nasr; Fig. 2 of Potapenko).
Regarding claim 56-58, Ghavami-Nasr discloses the claimed invention except for the top housing portion and the bottom housing portion are joined by a permanent interference fit; the bottom housing portion comprises a channel configured to receive the top housing portion; and the channel further comprises recesses configured to receive corresponding protuberances on the top housing portion or wherein the channel further comprises protuberances configured to interface with corresponding recesses on the top housing portion. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the top housing portion and the bottom housing portion to be joined by a permanent interference fit and include a channel with recesses or protuberances in the bottom housing portion configured to receive the top housing portion, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlicnrnan, 168 USPQ 177, 179.
Regarding claim 59, Ghavami-Nasr discloses the claimed invention except for the discharge assembly has a stroke length of at least 2mm. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the discharge assembly to have a stroke length of at least 2mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 60, at least one of the following volumes is tapered: the chamber provided within the body of the valve stem; an internal volume of the top housing portion; an internal volume of the bottom housing portion; or the first fluid transfer passageway (Fig. 2B of Ghavami-Nasr).
Regarding claim 61, the liquid discharge element abuts a sealing surface when in a liquid discharged position, said sealing surface is provided within the valve stem chamber (Fig. 2B of Ghavami-Nasr).
Regarding claim 62, the liquid discharge element is moveable by a returning force from its liquid discharged position to its liquid primed position (Figs. 1A and 2A of Ghavami-Nasr).
Regarding claim 63, the liquid discharge element is negatively buoyant in the liquid to be dispensed so as to provide at least a part of said returning force (col. 5, lines 33-35 of Ghavami-Nasr).
Regarding claim 64, the head portion of the valve stem projecting from the second end of the housing is moveable within an annular seal (2029 of Ghavami-Nasr) provided at the second end of the housing and said head portion has a third fluid transfer passageway (2025 of Ghavami-Nasr) communicating with an outlet of the head portion, said third transfer passageway being sealed to fluid flow in the first limit position of the valve stem and open to fluid flow in the second limit position thereof (Figs. 1A-2B of Ghavami-Nasr).
Regarding claim 65, the inlet to the housing is coaxial with the valve stem chamber (Figs. 1A-2B of Ghavami-Nasr).
Regarding claim 66, the bottom housing portion comprises an upstanding tubular spigot (2010 of Ghavami-Nasr) which encircles the inlet and projects upwardly into the interior of the housing (Figs. 1A-2B of Ghavami-Nasr).
Regarding claim 68, the container is pressurised with nitrogen, air, liquefied natural gas, liquefied hydrocarbon gas or carbon dioxide; or the apparatus is an aerosol spraying device; or the apparatus contains a compound or composition comprising material selected from the group consisting of pharmaceutical, agrochemical, fragrance, air freshener, odour neutraliser, sanitizing agent, polish, insecticide, depilatory chemical (such as calcium thioglycolate), epilatory chemical, cosmetic agent, deodorant, anti- perspirant, anti-bacterial agents, anti-allergenic compounds, and mixtures of two or more thereof (col. 1, lines 30-33 and claim 12 of Ghavami-Nasr).
Conclusion
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/DONNELL A LONG/Primary Examiner, Art Unit 3754